Recent Florida News
Opinion: Florida physician shortage to deepen if protections removed
For years, health care organizations have issued warnings about Florida’s impending physician shortage and the urgent need to pursue policies that ensure access to medical care for the state’s growing population. Given the sobering outlook – a projected shortfall of...
December 2024 Newsletter
Michigan's medical liability reform laws threatened by rushed legislation In a rush to pass legislation backed by personal injury lawyers, Michigan lawmakers risk dismantling existing laws that have stabilized the state’s health care environment for three decades....
November 2024 Newsletter
Socializing and improving safeguards against liability Social media presents unique risks for health care professionals, making well-crafted policies essential to mitigate growing liability concerns. Physician’s Weekly presents a podcast series offering fresh...
Current Medical Liability Laws
| Damage Caps | None. $500,000 damage cap overturned, North Broward Hosp. Dist. V. Kalitan, 219 So.3d 49 (Fla. 2017). |
| Joint Liability Reform | Yes. Defendants are responsible only for their proportionate share of negligence. |
| Collateral Source Reform | Yes. The court must reduce damages by the amounts paid to the claimant from collateral sources. If a right of subrogation exists, there is no reduction in damages. Benefits received by the government sources are not considered collateral benefits. |
| Attorney Fees Limited | Patients receive 70% of the first $250,000 awarded and 90% of the remainder of the award. Attorneys will still get payment for court and witness expenses. Patients may waive contingency fee limits. |
| Periodic Payments Permitted | Yes. For future economic awards exceeding $250,000, the court must order periodic payments at the request of any party unless the court determines that manifest injustice would result to any party. |